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Kentucky: New Pregnancy Accommodation Law Coming Soon

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All Employers with 15 or more KY Employees

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June 27, 2019

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Earlier this year, the Kentucky legislature passed the Kentucky Pregnant Workers Act (the Act), building on federal anti-discrimination protections for pregnant workers and adding new requirements for accommodations.  Under the Act, covered employers are required to provide reasonable accommodations with regard to pregnancy, childbirth, or related medical conditions.

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New Jersey: Medical Marijuana Protected from Workplace Discrimination

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All Employers with NJ Employees

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March 27, 2019

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In Wild v. Carriage Funeral Holdings, Inc., the New Jersey Court of Appeal stated that although the Compassionate Use Medical Marijuana Act does not prohibit discrimination for use of medical marijuana, the Law Against Discrimination (LAD) may. There, an employee used medical marijuana as part of his cancer treatment. While driving for work, the employee was struck by another vehicle that ran a stop sign. Although the emergency room treating physician did not observe the employee to be under the influence and did not perform a blood test noting that the employee had a medical marijuana card, the employer required a blood test before the employee could return to work and ultimately terminated him.

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Pittsburgh, PA: Expanded Protections for Pregnant Workers – AND Their Partners

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All Employers with 5 or More Pittsburgh, PA Employees

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March 15, 2019

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Over the last few years, more and more cities and states have increased anti-discrimination protections for pregnant workers, but the city of Pittsburgh has become one of the first in the nation to extend similar protections to the partners of pregnant employees.  This amendment to existing city code comes by way of a new ordinance unanimously passed by the Pittsburgh city council.

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New York City, NY: New Protected Categories Centered on Reproductive Choice

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All Employers with 4 or more New York City, NY Employees

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May 20, 2019

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The New York City Council recently voted to amend the NYC Human Rights Law to include “sexual and other reproductive health decisions” to its list of protected classes. The amendment prohibits discrimination against applicants or employees based on their sexual and reproductive health decisions, defined as “any decision by an individual to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions.”  Examples of such services include, but are not limited to, fertility-related procedures; STD prevention, testing, or treatment; family planning services or counseling; birth control drugs or sterilization treatments; emergency contraception; pregnancy testing; or abortion.

Action Items

  1. Have anti-discrimination policies and training materials updated for compliance with the new requirements.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

New Jersey: The State’s Equal Pay Law Will Soon Apply to All Protected Classes

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All Employers with NJ Employees

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July 1, 2018

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New Jersey recently enacted stronger protections to its equal pay laws. Currently, employers are prohibited from discrimination in method or payment of wages based on sex. Effective July 1, 2018, this protection will soon apply to anyone in a protected class. The Diane B. Allen Equal Pay Act prohibits paying any member of a protected class “at a rate of compensation, including benefits, which is less than the rate paid … to employees who are not members of the protected class for substantially similar work when viewed as a composite of skill, effort and responsibility.”

Washington: Domestic Violence Leave Law Amended to Include Safety Accommodations

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All Employers with WA Employees

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June 7, 2018

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Washington’s existing Domestic Violence Leave law was recently amended to require employers to provide reasonable safety accommodations to employees who are victims of domestic violence, sexual assault, or stalking. Specifically, employers must consider an individual’s request for a reasonable safety accommodation, unless the accommodation causes an undue hardship on the business (defined as an action requiring significant difficulty or expense).  Employers may require the individual to furnish verification that the employee and their covered family member is a victim of domestic violence, sexual assault, or stalking.  The amendments provide a non-comprehensive list of potential safety accommodations, including:

New Jersey: New Breastfeeding Anti-Discrimination Measures

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All Employers with NJ Employees

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January 8, 2018

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Governor Chris Christie recently signed Senate Bill S-2709, amending the New Jersey Law Against Discrimination to include breastfeeding and expressing milk as a protected class.  This amendment implements anti-discrimination measures for breastfeeding employees and requires employers to provide reasonable accommodations to breastfeeding employees.

Washington: Healthy Start Act Requires Accommodation for Pregnant Employees, With or Without Disability

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All Employers of 15+ WA Employees

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January 1, 2018

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Washington State’s Healthy Starts Act (the “Act”) requires covered employers to provide pregnant employees with reasonable accommodations.  In contrast to federal and other state anti-discrimination laws, some accommodations must be provided regardless of disability or medical certification, and regardless of whether such accommodations may cause the employer undue hardship.

The Act applies to employers of 15 or more Washington employees.  Key provisions of the Act are summarized below.

Connecticut: Federal Law Does Not Preempt Medical Marijuana Protections for Employees under State Law

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All Employers with CT Employees

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August 8, 2017

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In Noffsinger v. SSC Niantic Operating Company LLC, a Connecticut federal district court stated that federal law concerning unlawful marijuana use does not necessarily preempt state-level protections for marijuana users.  In this case, Connecticut’s Palliative Use of Marijuana Act (“PUMA”) was found to preempt a handful of federal statutes when applied to the employment context.  This decision could have a major impact on employers who currently implement a zero-tolerance substance abuse policy in the workplace.

West Virginia: New Civil Air Patrol Leave, Anti-Discrimination Provisions

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All Employers with 15+ WV Employees

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July 1, 2017

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(888) 378-2456

Originally passed in April, Senate Bill 280—which implements an unpaid Civil Air Patrol Leave, among other new protections for members of the Patrol—went into effect as of July 1, 2017.  Employers should take note of the bill’s new leave and anti-discrimination provisions, and incorporate requirements into workplace policies and procedures accordingly.